Gas Safety Case Law - Van-Herpen v Green & Green
Source: nearlylegal.co.uk
The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023. The questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for a section 21 notice to be valid.
Van-Herpen v Green & Green. Hastings County Court. 17 November 2023 (judgment 4 December 2023)
Van-Herpen involved a claim by the Landlord for possession under the section 21 accelerated procedure. The Tenants took up occupation of the Property in September 2018 under an assured shorthold tenancy. The day after they took up occupation of the Property, a new boiler was installed – the previous one having been removed some months prior. The gas safety engineer, commissioned the new boiler and, in the process of doing so, “safety checked” the boiler and checked for “integrity of the flue gases” in line with the manufacturer’s installation specifications. The engineer created a BRCC for the boiler; however, this was never served on the tenants before the service of the section 21 notice.
Gas Safety Week: Fighting for a Gas Safe Nation
Landlords legal responsibilities – Annual Gas Safety Checks
We are proud to be supporting Gas Safety Week 2023, taking place 11 – 17 September.
Gas Safety Week is an annual safety week to raise awareness of gas safety and the importance of taking care of your gas appliances. It is coordinated by Gas Safe Register, the official list of gas engineers who are legally allowed to work on gas.
Badly fitted and poorly serviced gas appliances can cause gas leaks, fires, explosions, and carbon monoxide (CO) poisoning. CO is a highly poisonous gas that can kill quickly with no warning, as you cannot see it, taste it, or smell it.
The Guild of Letting & Management is supporting Gas Safety Week 2023
The Guild of Letting & Management has pledged its support for Gas Safety Week (11 – 17 September 2023) and will be promoting the important of compliance to raise awareness about the importance of gas safety.
Gas Safety Week is here to remind the public how to keep themselves gas safe, and organisations across the nation are working together to raise awareness of the dangers of poorly maintained gas appliances, which can cause gas leaks, fires, explosions and carbon monoxide (CO) poisoning.
This year, Gas Safety Week focuses on celebrating the breadth and diversity of gas engineers and the essential role they play in keeping the nation gas safe. As well as reminding the public, about gas safety and tips to ensure they stay safe, including not attempting DIY on gas appliances and being aware of the warning signs of unsafe appliances.
Smoke and Carbon Monoxide alarm rules to be Updated
On the 23rd November 2021, the UK Government announced that the rules for domestic smoke and carbon monoxide alarms within all rented accommodation in England are to be amended.
Following parliamentary approval all landlords in both the social and private rented sectors will be required to repair or replace smoke and carbon monoxide alarms once they have been informed that they are faulty. The testing throughout the tenancy will continue to remain the tenant’s responsibility.
The key change to the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 will require landlords to ensure that a carbon monoxide alarm is installed in any room of their homes where there is a fixed combustion appliance, including a gas boiler. Where a new fixed combustion appliance is installed a carbon monoxide alarm will be required to be installed by law. Gas cooker appliances are to be excluded from the new rules.